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Print Case name: M.
When M. Pro Bono Law Firm s. More thanNorth Carolinians suffered domestic violence inaccording to the North Carolina Department of Justice. The ACLU of North Carolina and attorney Amily McCool of the Scharff Law Firm are challenging that unequal policy in court on behalf of a survivor of domestic violence who was carolins a protective order because the person who made violent threats against her was a woman.
Survivors of domestic violence in North Carolina can ask a court for a domestic violence protective order that would grant them a range of legal protections against their abuser. Courts recognized that M.
If the court grants a protective order and the abuser violates it, they are subject to criminal penalties. North Carolina is currently the only state ih the nation whose laws that provide protections to survivors of domestic violence do not apply equally to those in same-sex relationships.
Our domestic violence laws should apply equally to everyone in the state, regardless of sex, sexual orientation, or gender identity. Her ex tried to force her way into the house, and police eventually removed her.
And we are not alone. We are representing M. And, unlike state law, domestic violence does not discriminate on the basis of sex acrolina sexual orientation.
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Such unequal treatment for same-sex and opposite-sex couples is unconstitutional discrimination, plain and simple. North Carolina is currently the only state in the nation that prevents those in same-sex relationships from accessing protective orders for domestic violence. If the court grants a 50B protective order and the abuser violates it, they are subject to criminal penalties. Intimate partner violence does not discriminate, and neither should state laws protecting people from that violence.
As part of our work to advance LGBTQ equality, the ACLU of North Carolina and attorney Amily McCool of the Scharff Law Firm are challenging that unequal policy in court on behalf of a survivor oNrth domestic violence who was denied a protective order simply because the person who made violent threats against her also happened to be a woman.
Such unequal treatment for same-sex and different-sex couples is unconstitutional discrimination, plain and simple. If she or her ex were a man, that additional protection would have been granted. The woman we represent in this case, M. Print Case name: M.